Acuerdo Sobre La Comision Mixta Juridica
- Country/entity
-
Colombia
- Region
-
Americas
- Agreement name
- Acuerdo Sobre La Comision Mixta Juridica
- Date
- 10 Mar 2024
- Agreement status
- Multiparty signed/agreed
- Interim arrangement
- Yes
- Agreement/conflict level
- Intrastate/intrastate conflict
- Stage
- Framework/substantive - partial
- Conflict nature
- Government/territory
- Peace process
- Colombia VII - Petro Peace Dialogues with FARC-EP
- Parties
-
[Government of Colombia]:
Camilo González Posso
Coordinator
Delegation of the National Government in the Peace Dialogues Table
Gloria Quinceno Acevedo
Peace Commissioner Advisor
National Government
Fabio Valencia Cossio
Delegation of the National Government in the Peace Dialogues Table
Feliciano Valencia Medina
Delegation of the National Government in the Peace Dialogues Table
Luz Darí Landázuri Segura
Delegation of the National Government in the Peace Dialogues Table
[No signature]
Carlos Murgas Dávila
Delegation of the National Government in the Peace Dialogues Table
Coronel (r) Genny Calvo Olmos
Delegation of the National Government in the Peace Dialogues Table
Yesid Arteta Dávil
Delegation of the National Government in the Peace Dialogues Table
Oscar Gerardo Salazar Muñoz
Delegation of the National Government in the Peace Dialogues Table
Coronel (r) Luis Alfonso Novoa Díaz
Delegation of the National Government in the Peace Dialogues Table
[No signature]
Pedro Arenas
Delegation of the National Government in the Peace Dialogues Table
[Central General Staff of the FARC-EP]:
Leopoldo Durán García
Head of Delegation of the Central General Staff of the FARC-EP
Calarcá Córdoba
Delegation of the Central General Staff of the FARC-EP
Willy Romero
Delegation of the Central General Staff of the FARC-EP
Andrey Avendaño
Delegation of the Central General Staff of the FARC-EP
José Tomás Ojeda
Delegation of the Central General Staff of the FARC-EP
[No signature]
Javier 33
Delegation of the Central General Staff of the FARC-EP
Fernanda Briceño
Delegation of the Central General Staff of the FARC-EP
[No signature]
Robinson Caicedo Ríos
Delegation of the Central General Staff of the FARC-EP
[No signature]
Sebastián Martínez
Delegation of the Central General Staff of the FARC-EP
Cipriano Cortés
Delegation of the Central General Staff of the FARC-EP - Third parties
-
Signed the guarantors as witnesses and depositaries:
Armando Franchi
Counsellor Embassy Bolivarian
Republic of Venezuela
Louise Wilson
Deputy Head of Mission
Embassy of Ireland
Phillip Lustenberger
Special Envoy
Swiss Confederation
Dag Nagoda
Minister Counsellor
Embassy of the Kingdom of Norway
Accompanying persons:
Raúl Rosende
Delegate of the Special
Representative of the General Secretary of the United Nations in Colombia
Edelma Gómez
Mission to Support the Peace Process of the Organisation of American States (MAPP-OEA)
Padre Eliecer Soto Ardila
Representative Episcopal Conference of Colombia
Humberto Martín Shikiya
Representative World Council of Churches - Description
- The Government of Colombia and the Estado Mayor Central (EMC) FARC-EP signed an agreement establishing a Joint Legal Committee to oversee the treatment of detained members of EMC FARC-EP.
- Agreement document
- CO_240310_Acuerdo_Sobre_La_Comision_Mixta_Juridica_EN (opens in new tab) | Download PDF
- Agreement document (original language)
- CO_240310_Acuerdo Sobre La Comision Mixta Juridica (opens in new tab)
Groups
- Children/youth
No specific mention.
- Disabled persons
- Groups→Disabled persons→SubstantiveSITUATIONS SUBJECT OF ATTENTION...3. To carry out and update a census of members of the EMC of the FARC-EP in a situation of disability and sick people in critical health conditions who are deprived of their liberty.
- Elderly/age
No specific mention.
- Migrant workers
No specific mention.
- Racial/ethnic/national group
No specific mention.
- Religious groups
No specific mention.
- Indigenous people
- Groups→Indigenous people→SubstantiveSITUATIONS SUBJECT OF ATTENTION...9. Propose and monitor the implementation of specific peace zones within prison and detention centres, and harmonisation centres for cases involving indigenous people.
- Other groups
No specific mention.
- Refugees/displaced persons
No specific mention.
- Social class
No specific mention.
Gender
- Women, girls and gender
- SITUATIONS SUBJECT OF ATTENTION...1. To propose, recommend and follow up on the legal, health, sanitary, psychological and family situation of women who are deprived of their liberty and priority is given to statutory benefits for women.
- Men and boys
No specific mention.
- LGBTI
No specific mention.
- Family
No specific mention.
State definition
- Nature of state (general)
No specific mention.
- State configuration
No specific mention.
- Self determination
No specific mention.
- Referendum
No specific mention.
- State symbols
No specific mention.
- Independence/secession
No specific mention.
- Accession/unification
No specific mention.
- Border delimitation
No specific mention.
- Cross-border provision
No specific mention.
Governance
- Political institutions (new or reformed)
No specific mention.
- Elections
No specific mention.
- Electoral commission
No specific mention.
- Political parties reform
No specific mention.
- Civil society
- CONFORMATION...3. Colombian Episcopal Conference4. World Council of Churches....In order to fulfil the purpose of the commission, by mutual agreement, the support of civil society organisations may be requested or accepted.
- Traditional/religious leaders
No specific mention.
- Public administration
No specific mention.
- Constitution
No specific mention.
Power sharing
- Political power sharing
No specific mention.
- Territorial power sharing
No specific mention.
- Economic power sharing
No specific mention.
- Military power sharing
No specific mention.
Human rights and equality
- Human rights/RoL general
No specific mention.
- Bill of rights/similar
No specific mention.
- Treaty incorporation
No specific mention.
- Civil and political rights
- Human rights and equality→Civil and political rights→Humane treatment in detentionOBJECTIVEPropose and promote legal, security and humanitarian recommendations on the situation of members of the Central General Staff of the FARC-EP who are deprived of their liberty, including those who have been prosecuted or sentenced, as well as those who are not deprived of their liberty and/or have a legal situation to be resolved, and when appropriate carry out actions to speed up the release of the members representatives, spokespersons, Peace managers and members of the EMC of the FARC-EP.Likewise, to develop priority humanitarian actions aimed at preventing and protect the life, health and personal integrity in dignified conditions.SITUATIONS SUBJECT OF ATTENTION...6. To propose recommendations and monitor the implementation of humanitarian recommendations.7. To propose and carry out visits to promote attention to urgent legal, social, health, overcrowding and security situations.8. To propose and promote the pertinent judicial, disciplinary and/or administrative actions if, during the visits, situations are found that threaten personal integrity and dignity and are contrary to current regulations.
- Socio-economic rights
No specific mention.
Rights related issues
- Citizenship
No specific mention.
- Democracy
No specific mention.
- Detention procedures
No specific mention.
- Media and communication
No specific mention.
- Mobility/access
No specific mention.
- Protection measures
No specific mention.
- Other
No specific mention.
Rights institutions
- NHRI
No specific mention.
- Regional or international human rights institutions
No specific mention.
Justice sector reform
- Criminal justice and emergency law
No specific mention.
- State of emergency provisions
No specific mention.
- Judiciary and courts
No specific mention.
- Prisons and detention
No specific mention.
- Traditional Laws
No specific mention.
Socio-economic reconstruction
- Development or socio-economic reconstruction
No specific mention.
- National economic plan
No specific mention.
- Natural resources
No specific mention.
- International funds
No specific mention.
- Business
No specific mention.
- Taxation
No specific mention.
- Banks
No specific mention.
Land, property and environment
- Land reform/rights
No specific mention.
- Pastoralist/nomadism rights
No specific mention.
- Cultural heritage
No specific mention.
- Environment
No specific mention.
- Water or riparian rights or access
No specific mention.
Security sector
- Security Guarantees
No specific mention.
- Ceasefire
No specific mention.
- Police
No specific mention.
- Armed forces
No specific mention.
- DDR
No specific mention.
- Intelligence services
No specific mention.
- Parastatal/rebel and opposition group forces
No specific mention.
- Withdrawal of foreign forces
No specific mention.
- Corruption
No specific mention.
- Crime/organised crime
No specific mention.
- Drugs
No specific mention.
- Terrorism
No specific mention.
Transitional justice
- Transitional justice general
No specific mention.
- Amnesty/pardon
No specific mention.
- Courts
No specific mention.
- Mechanism
No specific mention.
- Prisoner release
- OBJECTIVEPropose and promote legal, security and humanitarian recommendations on the situation of members of the Central General Staff of the FARC-EP who are deprived of their liberty, including those who have been prosecuted or sentenced, as well as those who are not deprived of their liberty and/or have a legal situation to be resolved, and when appropriate carry out actions to speed up the release of the members representatives, spokespersons, Peace managers and members of the EMC of the FARC-EP....SITUATIONS SUBJECT OF ATTENTION...In particular, vis-à-vis representatives, spokespersons and directors of Peace, and in particular to recommend requests to the competent authorities for the suspension of the corresponding criminal judicial measures, including:arrest warrants, the measure of assurance consisting of preventive detention in a prison centre or place of residence, and the suspension of the execution of prison sentences for convicted persons.
- Vetting
No specific mention.
- Victims
No specific mention.
- Missing persons
No specific mention.
- Reparations
No specific mention.
- Reconciliation
No specific mention.
Implementation
- UN signatory
- Accompanying persons:Raúl Rosende, Delegate of the Special, Representative of the General Secretary of the United Nations in Colombia
- Other international signatory
- Signed the guarantors as witnesses and depositaries:Armando Franchi, Counsellor Embassy, Bolivarian Republic of VenezuelaLouise Wilson, Deputy Head of Mission, Embassy of IrelandPhillip Lustenberger, Special Envoy, Swiss ConfederationDag Nagoda, Minister Counsellor, Embassy of the Kingdom of NorwayAccompanying persons:...Edelma Gómez, Mission to Support the Peace Process of the Organisation of American States (MAPP-OEA)Padre Eliecer Soto Ardila, Representative Episcopal Conference of ColombiaHumberto Martín Shikiya, Representative, World Council of Churches
- Referendum for agreement
No specific mention.
- International mission/force/similar
No specific mention.
- Enforcement mechanism
No specific mention.
- Related cases
No specific mention.
- Source
No specific mention.
Source agreement
PEACE DIALOGUES TABLE BETWEEN THE NATIONAL GOVERNMENT OF THE REPUBLIC OF COLOMBIA AND THE CENTRAL GENERAL STAFF OF THE FARC-EP
AGREEMENT ON THE JOINT LEGAL COMMITTEE AND GUARANTEES OF SECURITY
Character
The Mixed Commission on Legal Affairs and Guarantees of Security of the Peace Dialogues Table (MDP), between the National Government of the Republic of Colombia and the Central General Staff of the FARC-EP, is a mechanism for inter-institutional articulation and of the EMC FARC-EP, with the participation of the permanent accompaniers of the MDP.
OBJECTIVE
Propose and promote legal, security and humanitarian recommendations on the situation of members of the Central General Staff of the FARC-EP who are deprived of their liberty, including those who have been prosecuted or sentenced, as well as those who are not deprived of their liberty and/or have a legal situation to be resolved, and when appropriate carry out actions to speed up the release of the members representatives, spokespersons, Peace managers and members of the EMC of the FARC-EP.
Likewise, to develop priority humanitarian actions aimed at preventing and protect the life, health and personal integrity in dignified conditions.
SITUATIONS SUBJECT OF ATTENTION
In order to address the situation of members of the Central General Staff of the FARC-EP who are deprived of their liberty, as well as those who are not deprived of their liberty and whose legal situation has yet to be resolved, the following shall be done:
1. To propose, recommend and follow up on the legal, health, sanitary, psychological and family situation of women who are deprived of their liberty and priority is given to statutory benefits for women.
2. To carry out and update a biweekly census (universe of cases subject of attention).
For this purpose, the EMC FARC - EP, the institutions that are part of the commission and those invited may share their records.
3. To carry out and update a census of members of the EMC of the FARC-EP in a situation of disability and sick people in critical health conditions who are deprived of their liberty.
4. To propose and follow up on the legal recommendations on the target population defined by the Peace Dialogues Table.
In particular, vis-à-vis representatives, spokespersons and directors of Peace, and in particular to recommend requests to the competent authorities for the suspension of the corresponding criminal judicial measures, including:
arrest warrants, the measure of assurance consisting of preventive detention in a prison centre or place of residence, and the suspension of the execution of prison sentences for convicted persons.
5. To propose recommendations and monitor the implementation of security and protection measures for the target population defined by the Peace Dialogues Table.
6. To propose recommendations and monitor the implementation of humanitarian recommendations.
7. To propose and carry out visits to promote attention to urgent legal, social, health, overcrowding and security situations.
8. To propose and promote the pertinent judicial, disciplinary and/or administrative actions if, during the visits, situations are found that threaten personal integrity and dignity and are contrary to current regulations.
9. Propose and monitor the implementation of specific peace zones within prison and detention centres, and harmonisation centres for cases involving indigenous people.
CONFORMATION
1. Two delegates(as) from the Delegation of the National Government at the Peace Dialogues Table with the Central General Staff of the FARC-EP.
2. Two delegates(as) from the Delegation of the Central General Staff of the FARC-EP at the Peace Dialogues Table with the National Government.
3. One (a) delegate (a) by the Adviser Commissioner for Peace Republic of Colombia
4. Two technical (as) advisors (as) delegates (as) by the Adviser Commissioner for Peace Republic of Colombia.
5. Two technical (as) Advisors (as) delegates (as) by Central General Staff of the FARC-EP
Within the framework of its constitutional, legal and regulatory powers, it may invite, among others, and by consensus of the parties:
1. Delegate (a) of the Ministry of Justice and the Law
2. Delegate (a) of the High Council of the Judiciary
3. Delegate (a) Ministry of Defence
4. Delegate (a) of Permanent Negotiating Table.
In case it is necessary, the parties may invite a representative of the indigenous authority of the region that corresponds.
5. Delegate (a) of the Directorate for Human Rights of the Ministry of the Interior
6. Delegate (a) of the Chancellery of the Republic of Colombia.
7. Delegate (a) of the National Penitentiary and Prisons Institute.
8. Delegate (a) of the Penitentiary and Prison Services Unit
9. Ombudsman's Office
10. Inspector General Office
11. Attorney General Office
Accompanying persons:
1. UN Verification Mission in Colombia
2. OAS Mission to Support the Peace Process in Colombia
3. Colombian Episcopal Conference
4. World Council of Churches.
In special situations, the parties may, by mutual agreement, temporarily include representatives (as) of institutions in the commission.
In order to fulfil the purpose of the commission, by mutual agreement, the support of civil society organisations may be requested or accepted.
FUNCTIONING
The commission will meet once a month and extraordinarily when deemed necessary.
After agreement of the agenda by the parties, to plan and review the development of the work, to receive the report of each one of the parties involved and to take stock of steps taken.
Minutes will be drawn up.
Meetings will be face-to-face, virtual and/or mixed.
The commission will use as its initial means of communication the WhatsApp chat system (Telegram or Signal), which will remain active twenty-four hours every day of the year and will be coordinated by the UN Verification Mission in Colombia and the OAS Mission to Support the Peace Process in Colombia.
Eventually, and depending on the nature of the situation, physical written communications, telephone calls, and/or emails may be established as a complement.
Notification of the response
The different organizations must inform the commission about the progress of their actions, maintaining legal confidentiality, where applicable.
Signed in San José del Guaviare, on 10 March 2024.
Signed by the parties:
Camilo González Posso
Coordinator
Delegation of the National Government
in the Peace Dialogues Table
Leopoldo Durán García
Head of Delegation of the Central General
Staff of the FARC-EP
Gloria Quinceno Acevedo
Peace Commissioner Advisor
National Government
Calarcá Córdoba
Delegation of the Central
General Staff of the FARC-EP
Fabio Valencia Cossio
Delegation of the National Government
in the Peace Dialogues Table
Willy Romero
Delegation of the Central
General Staff of the FARC-EP
Feliciano Valencia Medina
Delegation of the National Government
in the Peace Dialogues Table
Andrey Avendaño
Delegation of the Central
General Staff of the FARC-EP
Luz Darí Landázuri Segura
Delegation of the National Government
in the Peace Dialogues Table
José Tomás Ojeda
Delegation of the Central
General Staff of the FARC-EP
[No signature]
Carlos Murgas Dávila
Delegation of the National Government
in the Peace Dialogues Table
[No signature]
Javier 33
Delegation of the Central
General Staff of the FARC-EP
Coronel (r) Genny Calvo Olmos
Delegation of the National Government
in the Peace Dialogues Table
Fernanda Briceño
Delegation of the Central
General Staff of the FARC-EP
Yesid Arteta Dávil
Delegation of the National Government
in the Peace Dialogues Table
[No signature]
Robinson Caicedo Ríos
Delegation of the Central
General Staff of the FARC-EP
Oscar Gerardo Salazar Muñoz
Delegation of the National Government
in the Peace Dialogues Table
[No signature]
Sebastián Martínez
Delegation of the Central
General Staff of the FARC-EP
Coronel (r) Luis Alfonso Novoa Díaz
Delegation of the National Government
in the Peace Dialogues Table
Cipriano Cortés
Delegation of the Central
General Staff of the FARC-EP
[No signature]
Pedro Arenas
Delegation of the National Government
in the Peace Dialogues Table
Signed the guarantors as witnesses and depositaries:
Armando Franchi, Counsellor Embassy, Bolivarian Republic of Venezuela
Louise Wilson, Deputy Head of Mission, Embassy of Ireland
Phillip Lustenberger, Special Envoy, Swiss Confederation
Dag Nagoda, Minister Counsellor, Embassy of the Kingdom of Norway
Accompanying persons:
Raúl Rosende, Delegate of the Special, Representative of the General Secretary of the United Nations in Colombia
Edelma Gómez, Mission to Support the Peace Process of the Organisation of American States (MAPP-OEA)
Padre Eliecer Soto Ardila, Representative Episcopal Conference of Colombia
Humberto Martín Shikiya, Representative, World Council of Churches